SULOCHANA DAMODAR Vs. RATNAPRABHA V TOPLE

JUDGEMENT

(1.) This appeal is preferred by the tenant against the judgment and order of the learned Single Judge of the Bombay High court allowing the writ petition filed by the respondent-landlady. The eviction petition filed by the landlady was dismissed by both the courts below but on a writ petition filed by her it was allowed by the High court. The matter arises under the Bombay Rents, Hotel and Lodging House Rates Control Act, 1947 (hereinafter referred to as "bombay Rent Act").

(2.) The appellant is the tenant of Flat No. 2, 'f' Building, Vijay Colony, Juhu Lane, Andheri (West) , Bombay on a monthly rent of Rs. 100. 00 exclusive of water charges, education cess and charges for amenities. The appellant had advanced a sum of Rs 10,000. 00 by way of construction loan to the original landlord. The said loan and the terms of repayment are recorded in a registered agreement dated 15/12/1962. According to the agreement, the landlord agreed to adjust Rs. 65. 00 per month out of the rent payable towards the loan. The tenant was to pay the balance Rs. 35. 00 in cash. The respondent purchased the flat on 7/01/1963, subject to the said agreement.

(3.) On 10/04/1965 the respondent-landlady filed a suit No. 668 of 1965 for eviction of the appellant on the ground of subletting and her own bona fide requirement. The suit was decreed on 30/08/1971 on the ground of subletting alone. The appellant filed an appeal on 15/10/1971 which was allowed on 12/07/1973.